Important Update: The T Final Rule was released on April 30, 2024, updating all T visa regulations. These changes will be effective starting August 28, 2024. As a result, our resources may be temporarily out of date.

CAST is actively working on updating all our trainings, advisories, and guides to reflect the new T visa regulations. We appreciate your patience during this transition period and encourage you to review the new regulations while we update our resources.

Thank you for your understanding.

Target Audience

This toolkit is for use by attorneys and legal representatives who are drafting client declarations in support of the T Visa application. If you are a survivor pursuing a T visa or a non-legal service provider, please connect with an attorney for assistance with the T visa.

Prior to Using this Rubric

This rubric is to be utilized after an attorney or representative has completed their first draft of a declaration following an interview with their clients. Client declarations should be in the T visa applicant’s voice.

Before utilizing this rubric, it is strongly recommended that users have completed training on the legal definition of “severe form of trafficking” and the T visa eligibility requirements. CAST’s Training and Technical Assistance team offers in-depth training on the definition of trafficking and the T visa eligibility requirements in free e-learning courses, which can be accessed here:

• Human Trafficking Defined for Attorneys
• T Visa Part 1

For more tips specific to T Visa Declarations and peer support, keep an eye out for Intensive T Visa Declaration Workshops. Sign up for notifications for future trainings here.

What is the T Visa Declaration Rubric and Why Should I Use it?

Rubrics are used to provide a framework for shared standards of review that strive to be objective. A rubric can help to put a reader and writer on the same page before providing feedback and facilitates constructive feedback.

The T Visa Rubric provides attorneys with a framework to help review declarations and assess where it may need to be strengthened.  The goal of the rubric is to minimize instances where the declaration could be misinterpreted and result in a negative outcome for the T visa application. 

This rubric helps attorneys to assess:

• The grasp of understanding of the T visa requirements;
• Ability to create a logical argument; and
• Ability to focus on legally relevant facts.

Download a fillable version of the rubric here.

How do I Use It?

In this rubric, there are seven specific sections the reviewer will be assessing:

• Introduction/background
• Severe form of trafficking
• Physical presence
• Law enforcement cooperation
• Extreme hardship
• Overall structure

Using a rubric allows the writer to know what is expected of them and allows the reviewer to have a set of clear guidelines to use when assessing. There is a specific level of assessment to evaluate each section in this rubric: Proficient, Developing, and Beginning. These levels are defined as follows:

• PROFICIENT – The writer has a strong grasp of the T visa eligibility requirements and the work needs little revision.
• DEVELOPING – The writer has an intermediate grasp of the T visa eligibility requirements and some work would need to be done prior to submission.
• BEGINNING – Entry level of understanding of the T visa eligibility requirements and the work would need substantial revision prior to submission.

If the writer has done a proficient job, all the listed items in the "proficient" box of that section will be evident. This applies also to the developing and beginning levels of assessment. The reviewer will do this for each of the sections and decide whether the writer is proficient, developing, or beginning.

The goal of this tool is to provide feedback on what needs improvement and what sections have been done well.

Client Drafting v. Attorney Drafting

CAST recommends that attorneys draft the client declaration through the interview approach using the client’s voice. Declarations written by the client may be subject to discovery in both criminal and civil proceedings. Thus, while having declaration drafts written by clients may be considered attorney work-product, the privilege may not be sufficient to keep a draft from being discovered in future litigation. Because of this, CAST has chosen to have the attorney draft the declaration after the interview. Having an attorney draft the declaration can avoid potential inconsistencies and other issues of privilege in the criminal and civil context if the draft declarations are successfully subpoenaed. This process is a choice in legal strategy. If an attorney decides to have the client draft their own declaration, the attorney can still use the rubric to ensure that all the eligibility requirements of the T visa are included.

Sometimes the interview process can take many hours or take multiple appointments depending on the client’s level of trauma and memory. CAST’s Training and Technical Assistance Team has created a sample interview outline for the declaration interviews. Download the outline here. Attorneys can use this outline to gather essential information.

For a sample declaration, click here.

Additional Tips for T Visa Declarations

• Avoid over-sensationalism to describe victimization
  • Attorneys who are newer to working with crime victims may overly rely on the egregiousness of the abuse experienced by a trafficking survivor rather than focusing on facts that align with legal regiments. Egregious facts may distract from how the factual scenario is severe form of trafficking. For example, in a domestic violence/human trafficking crossover case, the physical abuse can be very brutal, but if the focus of the declaration is primarily on the brutality of the abuse rather than how the abuse was used to put the person in a condition of servitude, the case can be misinterpreted as a domestic violence case rather than a trafficking case.
• Always review facts for ambiguity or potential misinterpretation
  • Don’t assume that the facts speak for themselves.
  • Don’t assume the reviewing USCIS officer will see the case the way that the victims’ attorney sees it. It’s better to help the officer follow along the case in a step-by-step manner.
• Always use headers to separate the eligibility requirements within the declaration and number paragraphs
  • These headers can serve as a quick checklist for USCIS officers to make sure all the requirements are addressed in the declaration.
  • Numbering paragraphs will make it easy to reference the declaration in cover letters or motions.
• Consider consistency to other evidence submitted in support of the T visa
  • The T visa does not require secondary evidence to be submitted outside of the declaration. However, if additional evidence is submitted, consider whether the client’s declaration will compete with that supporting evidence. For example, if a psychological evaluation that contains a factual summary of the applicant's victimization is submitted, the attorney should check whether the facts contradict the declaration.

Republication Information

All materials provided by CAST, including advisories and other resources, are protected by copyright and cannot be republished without express permission from CAST. Our materials are made freely accessible thanks to OVC and OVW grants, and we are committed to ensuring they remain accessible to all. We strictly prohibit placing any of our materials behind a paywall. For detailed guidelines on republication, please review our official guidelines.

New to the anti-trafficking field or T visas or just need to brush up? CAST has put together a robust and free list of resources for you to file effective T visa applications. Be sure to view our e-learning courses and review our practice advisories, as well! When you watch one of our e-learning courses and pass the accompanying self-assessment, you gain access to our Box drive with hundreds of samples and practice advisories on comprehensive legal remedies for trafficking survivors, from immigration to victims rights and restitution!

Where do I find out the basics of filing a T visa?

Target Audience

The Ends-Means-Process (EMP) model is a tool mainly for use by attorneys and legal providers to help identify human trafficking and develop the legal theory of their client’s case. However, other providers may use this tool to help identify potential trafficking victimization. If you are not an attorney or legal provider with attorney-client privilege, be mindful of how much information you need to collect in order to provide your services. For more information on privilege and confidentiality issues for social service providers, review our free course Privilege and Confidentiality for Social Service Providers.

Level of Involvement

Much of the terminology used in the EMP model is defined in the Trafficking Victims Protection Act under 22 USC § 7102. To use this model effectively, we strongly recommend completing additional training on the legal definition of trafficking if you haven’t already. CAST’s free e-learning courses provide in-depth training on this definition and are accessible here:

• Human Trafficking Defined for Attorneys
  • Understanding the Legal Definition of Human Trafficking Advisory 
• Human Trafficking Defined for Social Service Providers

Prior to Using this Toolkit

Use the EMP model only after an initial intake or interview with your client and once you have relevant facts for analysis. This process should be completed independently, not with the survivor present, as you may need to schedule follow-up interviews to gather additional information.

What is the EMP Model and Why Should I Use It?

The EMP model helps attorneys and other providers assess whether a client is a victim of a severe form of trafficking in persons as defined in statute and regulations.

While many advocates are familiar with red flag indicators or checklists for identifying trafficking, over-reliance on these tools can lead to misidentification and increased denials of certain cases. The EMP model was created to help minimize case denials based on severe form of trafficking in persons. This model helps clearly identify the facts legally relevant to the trafficking victimization and also helps identify any gaps in the facts so that attorneys can conduct a second client interview with a tailored focus.

This tool also aids attorneys in developing a legal theory for the case, establishing a framework before casework begins.

Download the EMP Model Worksheet

How Do I Use It?

In creating the EMP model, CAST’s Training and Technical Assistance team reversed the traditional Action-Means-Purpose/Process-Means-Ends model to focus on the actions taken by the perpetrator to place the victim in situations of involuntary servitude, debt bondage, peonage, slavery, and/or sex trafficking.

Step-by-Step Instructions:

To complete the EMP model, follow these steps for each section: "Ends," "Means," and "Process." Each section has larger boxes for sorting the facts of the case and checkboxes below for identifying how the facts align with specific legal definitions.

1. Ends
   • Sorting Facts (Questions 1a-1c): In the larger boxes, sort facts that relate to the type of work or services the client was required to perform.
   • Selecting the Potential Type of Trafficking (Question 2): After sorting, use the checkboxes below to select the potential type of trafficking that best matches the services the client performed (e.g., involuntary servitude, debt bondage, commercial sex act, etc.).
2. Means
   • Sorting Facts (Questions 3a-3b): In the larger boxes, organize the facts related to actions taken by the perpetrator to control the client. Focus on specific actions that directly caused the client to perform the work.
   • Identifying Control Methods (Question 4): Use the checkboxes to identify if the actions fall under force, fraud, or coercion. Remember, fraud alone may not meet the legal definition for involuntary servitude or peonage.
3. Process
   • Sorting Facts (Question 5): In this section, sort facts regarding the methods the perpetrator used to place the client in this situation.
   • Selecting the Process Type (Question 6): Use the checkboxes to select the process elements that align with the facts you've organized.
4. Summarize the Legal Theory
   • Summarizing (Question 7): Use the "summarize" box to create a concise summary of the legal theory based on your answers in the previous questions. A fill-in-the-blank template is provided in the worksheet to guide you in structuring a clear legal argument for visa applications or motions.
5. Developing Follow-Up Questions
   • Addressing Gaps in the Case: If, through sorting the facts, you find that you cannot check off any box with certainty, a second page is provided to develop follow-up questions for your client. The worksheet organizes these questions under the categories of Ends, Means, and Process. Use these questions to fill gaps in the legal theory and gather additional information that may strengthen your case. We have included a few sample questions to help get you started.

This structured approach ensures that your case theory connects the client’s experiences to statutory trafficking elements, facilitating a stronger legal position.

Additional Analysis Tips

• Avoid speculating on facts or fitting them into specific categories if they don’t clearly align. If you can’t confidently check off a box or are unsure of a fact’s relevance, use the question boxes on the second page to develop follow-up questions for your client.
• Multiple Perpetrators: If there are multiple potential perpetrators (e.g., recruiter, lender, employer), try to determine which one is compelling the victim to perform services. If unsure, work through the EMP model with one actor at a time, completing the worksheet for each.
• Analyzing human trafficking cases becomes easier with experience. With time, the EMP model will become more intuitive.

Download a Sample List of Interview Questions for Attorneys

Republication Information

All CAST-provided materials, including advisories and resources, are protected by copyright and cannot be republished without express permission. These materials are made freely accessible thanks to OVC and OVW grants. They must remain accessible to all and cannot be placed behind a paywall. For more information, please review our Republication Guidelines.

Extreme hardship for T visa purposes is a higher standard than required by other immigration remedies; in the T context, the standard is "extreme hardship involving unusual and severe harm." 8 CFR § 214.11(i). Because of this higher standard, CAST recommends that applicants rely on at least three extreme hardship factors found in the T visa regulations at 8 CFR § 214.11(i)(2).